### 45475 Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Proposed Rules

amount of time, which must be sustained for as long as the duration of the negotiated rulemaking. Although the ERAC advisory committee charter will be in effect for 2 years from the date it is filed with Congress, DOE expects the subcommittee’s deliberations to conclude or be terminated earlier than that. Other qualities of members that can be helpful are negotiating experience and skills, and sufficient technical knowledge to participate in substantive negotiations.

Certain concepts are central to negotiating in good faith. One is the willingness to bring all issues to the bargaining table in an attempt to reach a consensus, as opposed to keeping key issues in reserve. The second is a willingness to keep the issues at the table and not take them to other forums. Finally, good faith includes a willingness to move away from some of the positions often taken in a more traditional rulemaking process, and instead explore openly with other parties all ideas that may emerge from the subcommittee’s discussions.

E. Facilitator

The facilitator will act as a neutral in the substantive development of the proposed standard. Rather, the facilitator’s role generally includes:

• Impartially assisting the members of the subcommittee in conducting discussions and negotiations; and

• Impartially assisting in performing the duties of the Designated Federal Official under FACA.
F. Department Representative

The DOE representative will be a fulland active participant in the consensusbuilding negotiations. The Department’s representative will meet regularly with senior Department officials, briefing them on the negotiations and receiving their suggestions and advice so that he or she can effectively represent the Department’s views regarding the issues before the subcommittee. DOE’s representative also will ensure that the entire spectrum of governmental interests affected by the standards rulemaking, including the Office of Management and Budget, the Attorney General, and other Departmental offices, are kept informed of the negotiations and encouraged to make their concerns known in a timely fashion.

G. Subcommittee and Schedule

After evaluating the comments submitted in response to this notice of intent and the requests for nominations, DOE will either inform the members of the subcommittee that they have been selected or determine that conducting a negotiated rulemaking is inappropriate. Due to the court-ordered deadline, DOE plans for the subcommittee to conduct deliberations in the summer and fall of 2011 and hopes that the subcommittee will come to an agreement on a Notice of Proposed Rulemaking in time to publish that proposal by the October 1, 2011 date contained in the settlement agreement described above.

DOE will advise subcommittee members of administrative matters related to the functions of the subcommittee before beginning. DOE will establish a meeting schedule based on the settlement agreement and produce the necessary documents so as to adhere to that schedule. While the negotiated rulemaking process is underway, DOE is committed to performing much of the same analysis as it would during a normal standards rulemaking process and to providing information and technical support to the subcommittee.
IV. Comments Requested

DOE requests comments on whether it should use negotiated rulemaking for its rulemaking pertaining to the energy efficiency of distribution transformers and the extent to which the issues, parties, and procedures described above are adequate and appropriate. DOE also requests comments on which parties should be included in a negotiated rulemaking to develop draft language pertaining to the energy efficiency of distribution transformers and suggestions of additional interests and/ or stakeholders that should be represented on the subcommittee. All who wish to participate as members of the subcommittee should submit a request for nomination to DOE.
V. Approval of the Office of the Secretary

The Secretary of Energy has approved publication of today’s notice intent to negotiate a proposed rulemaking.

Issued in Washington, DC, on July 26,

2011. Kathleen Hogan, Deputy Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2011–19263 Filed 7–28–11; 8:45 am]

**BILLING CODE 6450–01–P DEPARTMENT OF TRANSPORTATION** 

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2011–0758 Airspace Docket No. 11–AAL–11]** 

**Proposed Amendment of Class E Airspace; Northway, AK** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Notice of proposed rulemaking (NPRM).

**SUMMARY :**  This action proposes to revise Class E airspace at Northway AK. The amendment of one standard instrument approach procedure at the Northway Airport has made this action necessary to enhance safety and management of Instrument Flight Rules (IFR) operations.

**DATES :**  Comments must be received on or before September 12, 2011.

**ADDRESSES :**  Send comments on the proposal to the Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. You must identify the docket number FAA–2011–0758/ Airspace Docket No. 11–AAL–11 at the beginning of your comments. You may also submit comments on the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1–800–647–5527) is on the plaza level of the Department of Transportation NASSIF Building at the above address.

An informal docket may also be examined during normal business hours at the office of the Manager, Safety, Alaska Flight Service Operations, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513–7587.

**FOR FURTHER INFORMATION CONTACT :**  Martha Dunn, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513–7587; telephone number (907) 271–5898; fax: (907) 271–2850; e-mail: Martha.ctr.Dunn@faa.gov. Internet address: http://www.faa.gov/about/ office

_ org/headquarters

_ offices/ato/ service

_ units/systemops/fs/alaskan/ rulemaking/.

**SUPPLEMENTARY INFORMATION :** 


### 45476 Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Proposed Rules

Comments Invited

Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to Docket No. FAA–2011–0758/Airspace Docket No. 11–AAL–11.’’ The postcard will be date/time stamped and returned to the commenter.

All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of NPRMs

An electronic copy of this document may be downloaded through the Internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s Web page at http:// www.faa.gov/airports

_ airtraffic/ air

_ traffic/publications/ airspace

_ amendments/.

Additionally, any person may obtain a copy of this notice by submitting a request to the Federal Aviation Administration, Office of Air Traffic Airspace Management, ATA–400, 800 Independence Avenue, SW., Washington, DC 20591 or by calling (202) 267–8783. Communications must identify both docket numbers for this notice. Persons interested in being placed on a mailing list for future NPRMs should contact the FAA’s Office of Rulemaking, (202) 267–9677, to request a copy of Advisory Circular No. 11–2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure. The Proposal

This action proposes to amend Title 14 Code of Federal Regulations (14 CFR) part 71 by revising the Class E2 surface area and the Class E5 transitions areas at the Northway Airport in Northway, AK, to accommodate the revision of the RNAV (GPS) Runway 23 instrument approach procedure at the Northway Airport. This Class E airspace would provide adequate controlled airspace upward from the surface (E2) to 700 feet and 1,200 feet (E5) above the surface, for the safety and management of IFR operations at the Northway Airport.

The Class E2 airspace designated as surface areas and the Class E5 airspace designated as 700/1200 foot transition areas are published in paragraphs 6002 and 6005, respectively, in FAA Order 7400.9U, Airspace Designations and Reporting Points, signed August 18, 2010, and effective September 15, 2010, which is incorporated by reference in 14 CFR 71.1. The airspaces listed in this document would be subsequently published in that Order.

The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Because this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle 1, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority.

This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of airspace. Under that section, the FAA is charged with prescribing regulations to ensure the safe and efficient use of the navigable airspace. This regulation is within the scope of that authority because it proposes to revise Class E airspace at the Northway Airport, Northway, AK, and represents the FAA’s continuing effort to safely and efficiently use the navigable airspace. List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air). The Proposed Amendment

In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:

**PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR**  **TRAFFIC SERVICE ROUTES; AND REPORTING POINTS** 

1. The authority citation for 14 CFR part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389.

**§ 71.1 [Amended]**

2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9U, Airspace Designations and Reporting Points, signed August 18, 2010, and effective September 15, 2010, is to be amended as follows:

* * * * *
Paragraph 6002 Class E airspace designated as surface areas.
* * * * *
AAL AK E2 Northway, AK [Revised] Northway Airport, AK

(Lat. 62 ° 57 ′ 40 ′′ N., long. 141 ° 55 ′ 41 ′′ W.) Northway VORTAC

(Lat. 62 ° 56 ′ 50 ′′ N., long. 141 ° 54 ′ 46 ′′ W.) Within a 4-mile radius of the Northway Airport, AK and within 2 miles each side of the 077 ° radial from the Northway Airport, AK extending from the 4-mile radius to 12.7 miles east of the Northway Airport, AK and within 3.1 miles each side of the 312 ° radial from the Northway VORTAC extending from the 4-mile radius to 11.4 miles northwest of the Northway Airport, AK.
* * * * *
Paragraph 6005 Class E airspace extending upward from 700 feet or more above the surface of the earth.
* * * * *
AAL AK E5 Northway AK [Revised] Northway Airport, AK

(Lat. 62 ° 57 ′ 40 ′′ N., long. 141 ° 55 ′ 41 ′′ W.) Northway VORTAC

(Lat. 62 ° 56 ′ 50 ′′ N., long. 141 ° 54 ′ 46 ′′ W.) That airspace extending upward from 700 feet above the surface within an 8-mile radius of the Northway Airport, AK and within 2 miles each side of the 077 ° radial from the Northway Airport, AK extending from the 8- mile radius to 13.7 miles east of the


### 45477 Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Proposed Rules

Northway Airport, AK, and that airspace extending upward from 1,200 feet above the surface within a 66-mile radius of the Northway Airport, AK, excluding the airspace east of 141 ° 00 ′ 00 ′′ west longitude.

Issued in Anchorage, AK, on July 22, 2011. Marshall G. Severson, Acting Manager, Alaska Flight Services.
[FR Doc. 2011–19162 Filed 7–28–11; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2011–0756 Airspace Docket No. 11–AAL–09]** 

**Proposed Amendment of Class E Airspace; Allakaket, AK** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Notice of proposed rulemaking (NPRM).

**SUMMARY :**  This action proposes to revise Class E airspace at Allakaket AK. The amendment of one standard instrument approach procedure at the Allakaket Airport has made this action necessary to enhance safety and management of Instrument Flight Rules (IFR) operations.

**DATES :**  Comments must be received on or before September 12, 2011.

**ADDRESSES :**  Send comments on the proposal to the Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. You must identify the docket number FAA–2011–0756/ Airspace Docket No. 11–AAL–09 at the beginning of your comments. You may also submit comments on the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1–800–647–5527) is on the plaza level of the Department of Transportation NASSIF Building at the above address.

An informal docket may also be examined during normal business hours at the office of the Manager, Safety, Alaska Flight Service Operations, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513–7587. **FOR FURTHER INFORMATION CONTACT :**  Martha Dunn, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513–7587; telephone number (907) 271–5898; fax: (907) 271–2850; e-mail: Martha.ctr.Dunn@faa.gov. Internet address: http://www.faa.gov/about/ office

_ org/headquarters

_ offices/ato/ service

_ units/systemops/fs/alaskan/ rulemaking/.

**SUPPLEMENTARY INFORMATION :** 
Comments Invited

Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to Docket No. FAA–2011–0756/Airspace Docket No. 11–AAL–09.’’ The postcard will be date/time stamped and returned to the commenter.

All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of NPRMs

An electronic copy of this document may be downloaded through the Internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s Web page at http:// www.faa.gov/airports

_ airtraffic/ air

_ traffic/publications/ airspace

_ amendments/.

Additionally, any person may obtain a copy of this notice by submitting a request to the Federal Aviation Administration, Office of Air Traffic Airspace Management, ATA–400, 800 Independence Avenue, SW., Washington, DC 20591 or by calling (202) 267–8783. Communications must identify both docket numbers for this notice. Persons interested in being placed on a mailing list for future NPRMs should contact the FAA’s Office of Rulemaking, (202) 267–9677, to request a copy of Advisory Circular No. 11–2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure. The Proposal

This action proposes to amend Title 14 Code of Federal Regulations (14 CFR) part 71 by revising Class E5 airspace at the Allakaket Airport in Allakaket, AK, to accommodate the revision of the RNAV (GPS) Runway 23 instrument approach procedure at the Allakaket Airport. This Class E airspace would provide adequate controlled airspace upward from the surface (E2) to 700 feet and 1,200 feet (E5) above the surface, for the safety and management of IFR operations at the Allakaket Airport.

The Class E2 airspace designated as surface areas and the Class E5 airspace designated as 700/1200 foot transition areas are published in paragraphs 6002 and 6005, respectively, in FAA Order 7400.9U, Airspace Designations and Reporting Points, signed August 18, 2010, and effective September 15, 2010, which is incorporated by reference in 14 CFR 71.1. The airspaces listed in this document would be subsequently published in that Order.

The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Because this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle 1, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs,